HAROON MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 07.10.2002 passed by Additional Sessions Judge, F.T.C.-III, Chatra in Sessions Case No. 561 of 1993 whereby and whereunder appellant was convicted under Section 306 of the I.P.C. and sentenced to undergo rigorous imprisonment for five years and also pay fine of Rs. 5,000/-.

(2.) The case of prosecution, in short, is that the informant's niece Sahana Khatoon was married to Haroon Mian (appellant) four years ago. It is further stated that after marriage, the informant's niece was always tortured by appellant, her mother-in-law-Tetri Khatoon and brother-in-law Jasmuddin Mian. It is alleged that accused persons were demanding motorcycle and cash money. It is further stated that on 29.08.1992 informant came to know that his niece died in village-Simaria, whereupon he went to Simaria along with his co-villagers and came to know that on the date of occurrence some quarrel took place in between informant's niece and her husband, brother-in-law and mother-in-law and because of that she fell in a well, died due to drowning.

(3.) On the basis of aforesaid fardbeyan, Simaria P.S. Case No. 104 of 1990 under Section 306 of the I.P.C. instituted and police took up investigation. After completing the investigation, police submitted charge-sheet against the appellant, Tetri Khatoon and one Jasmuddin Mian under Section 306 of the I.P.C. It appears that learned court below took cognizance of the offence and committed the case to the court of Sessions, as the offence under Section 306 of the I.P.C. is exclusively triable by the court of Sessions. The learned court below framed and explained charge to the appellant under Section 30 I.P.C. vide order dated 10.02.1994 to which appellant pleaded not guilty and claimed to be tried. Thereafter, prosecution examined altogether twenty one witnesses. After close of the case of the prosecution, the statements of accused persons recorded under Section 313 of the Cr.P.C. in which their defence is of total denial. Defence also examined three witnesses in support of their case. The co-accused Jasmuddin Mian, who was minor at the time of occurrence, has been acquitted by Juvenile Court. It appears that learned court below after considering the evidence available on record acquitted co-accused Tetri Khatoon, however appellant was convicted and sentenced as stated above, against that, the present appeal filed.